(1) In any prosecution for criminal solicitation or criminal conspiracy in which the
crime solicited or the crime contemplated by the conspiracy was not in fact
committed, it is a defense that, under circumstances manifesting a voluntary and
complete renunciation of his criminal purpose, the defendant prevented the
commission of the crime.
(2) A renunciation is not "voluntary and complete" within the meaning of this section
when it is motivated in whole or in part by:
(a) A belief that circumstances exist which pose a particular threat of
apprehension or detection of the accused or another participant in the criminal
enterprise or which render more difficult the accomplishment of the criminal
purpose; or
(b) A decision to postpone the criminal conduct until another time or to transfer
the criminal effort to another victim or another but similar object.
Effective: January 1, 1975
History: Created 1974 Ky. Acts ch. 406, sec. 54, effective January 1, 1975.
Notes of Decisions
Gabow v. Commonwealth, 34 S.W.3d 63 (Ky. 2000).
“020 for an offense committed by another person when: (2) Prior to the commission of the offense, he manifests a voluntary and complete renunciation, as defined in KRS 506.060, of his criminal purposes and: (a) Deprives his prior effort of its effectiveness in such commission; or…”
Commonwealth v. Nee, 935 N.E.2d 1276 (Mass. 2010).
“04 (5)(c) (2010); Ky. Rev. Stat. Ann. § 506.060 (1) (LexisNexis 2008); N.”
Walker v. Commonwealth, 561 S.W.2d 656 (Ky. 1977).
“040(2) provides an exemption from criminal liability for the conduct of another only when the renunciation is “voluntary and complete” as defined in KRS 506.060(2), and then only if (a) it deprives the defendant’s prior participation of its effectiveness in the commission of the…”
— Ky. Rev. Stat. § 506.060(2) — 1 case
Walker v. Commonwealth, 561 S.W.2d 656 (Ky. 1977).
“040(2) provides an exemption from criminal liability for the conduct of another only when the renunciation is “voluntary and complete” as defined in KRS 506.060(2), and then only if (a) it deprives the defendant’s prior participation of its effectiveness in the commission of the…”
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